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UNITED STATES v. WEISMAN

No. 380.

83 F.2d 470 (1936)

UNITED STATES v. WEISMAN.

Circuit Court of Appeals, Second Circuit.

May 11, 1936.

Attorney(s) appearing for the Case

Miller, Owen, Otis & Bailly, of New York City (Harold H. Corbin and Maurice Finkelstein, both of New York City, and Harry H. Weinberger, of Passaic, N. J., of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (John F. Dailey, Jr., Asst. U. S. Atty., and Irving R. Kaufman, Sp. Asst. to U. S. Atty., both of New York City, of counsel), for the United States.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the defendant, Leonard Weisman, from a judgment convicting him of violation of counts 1, 4, and 5 of an indictment, found under section 215 of the United States Criminal Code (18 U. S.C.A. § 338), for using the United States mails in a scheme to defraud. The first count of the indictment set forth the scheme and alleged that for the purpose of executing it the defendant "did unlawfully, wilfully and knowingly...

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